Executive Remuneration, Regulation and Compliance

Executive remuneration is a key concern for Australian and multi-national employers and involves complex legal and regulatory issues.

Not only do we have a deep and thorough understanding of these issues, but we also appreciate the importance of the commercial environment our clients operate in and the need to take into account different stakeholder interests (including boards, executives, regulators and shareholders).

We always consider the bigger picture when advising clients on executive remuneration arrangements, which means thinking ahead about how the legislative and regulatory regime might apply and the consequences for both employer and employee (particularly on termination). We know that a properly considered approach early on can make all the difference.

The core employment expertise our team brings is part of a fully integrated multi-disciplinary service which includes experts in Australian securities, corporate and tax law. As a result, we are best placed to advise Australian and multinational clients on their executive remuneration arrangements.

Our work includes advising on recruitment and retention strategies, drafting senior executive employment agreements and director appointment letters, advising on the applicable Listing Rules and Corporations legislation – particularly, Australia's complex retirement benefit rules, structuring incentive plans (equity or cash based) with specific regard to the interaction with employment termination provisions and good leaver / bad leaver arrangements, continuous disclosure, preparing shareholder documentation, including notices of general meetings, and advising on and defending legal claims by employees arising out of their participation in incentive plans (particularly equity based schemes).

Our Australian team is supported by colleagues in our London office who are also experienced and well-versed in the Australian legal issues arising from all aspects of executive remuneration. Through its referral network with the UK’s premier law firms and employee benefit consultants, our London team regularly advises some of the world’s largest organisations on their remuneration structures and employee incentive offerings.